S JOSEPH Vs. DISTRICT EDUCATIONAL OFFICER SIVAGANGAI

JUDGEMENT

(1.) W.P.No.21147 of 1993: In this writ petition which is filed by the correspondent of a school called R.C.Mission School. The petitioner challenges the order passed by the District Educational Officer dated 18.8.1993 in Na.Ka.No.A1-693-93. By this order, the department, has ordered transfer of the teachers in the said R.C.Mission school to some other schools under the provisions of Sec.26 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter called the Act?).

(2.) THERE is a small, factual ground which would be of immense help. The school was being run in a village called Vadakku Andakudi, Illayankudi Circle, Sivaganga Educational District. It is a minority school and the rights and the management of the said school have been transferred to the petitioner by the Arch Bishop of Madurai under an agreement dated 15.7.1985. It is the admitted case that the school building and the land belongs to the Church and the petitioner was recognised as the correspondent of the said school. The transfer was recognised by order dated 20.11.1986 subject to certain conditions. It appears that there were some disturbances in the running of the school and it seems that the petitioner was also requested by the village people that he should hand-over the school to the Panchayat Union. Petitioner, then submits that on 17.2.1993, the school which was being run by the petitioner was closed. At that time, there were three teachers including the petitioner himself.

(3.) LEARNED Special Government Pleader supported the counter, reiterated the same and indicated that apart from what was said in the counter, if the petitioner can, he may still run the school by managing the circumstances. However, the petitioner himself was not prepared to do that and the petitioner was only interested in the school being transferred to some other village which was not possible. In the counter in the last paragraph this stand is reiterated by the Government by saying that the petitioner can run the school if he is prepared to run the school by gathering enough strength of students required under law and as per the rules, and if so, the teachers would be re-transferred, otherwise it is open to the petitioner to accept the offer of transfer elsewhere. LEARNED Special Government Pleader very fairly suggested that the Government still stands by to what is stated in the counter. In view of this, really speaking nothing in wrong if the Government proceeded under Sec.26 of the Act.